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State Appeals Court Tosses Jay Man’s Murder Conviction
January 5, 2014
A Florida appeals court has thrown out the second degree murder conviction of a Jay man that was sentenced to 30 years in prison for the shooting death of a Brewton teen at a 2010 party.
In a ruling Friday, the 1st District Court of Appeals ruled Friday said the Santa Rosa County jury that convicted Robert Franklin Floyd was given conflicting instructions about the self defense and “stand your ground law”.
During a bonfire party on February 27, 2010, a vehicle occupied by four people — 18-year old Getyron Lopez Benjamin of Brewton, Gerald Banton, Timothy Smith and Tiffanie Pate — arrived Floyd’s home on Country Mill Road. The four people exited the vehicle and got into a verbal altercation with Floyd. The four refused to leave, at which time Floyd pushed one the males and told them to leave. The male pulled out a handgun, and Floyd retrieved a .243 caliber rifle from his truck. Floyd said he heard gunshots and saw a muzzle flash coming from the vehicle before he fired.
There were two shots that hit the vehicle, one striking Benjamin in the back seat. He was driven to D.W. McMillan Hospital in Brewton where he was pronounced dead.
Floyd’s only defense at trial was self defense.
Under Florida law, “a person is justified in the use of deadly force and does not have the duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony”.
In Floyd’s case, the 1st District Court of Appeals found that “the trial court instructed the jurors that Floyd both did and did not have a duty to retreat”.
The court reverse Floyd’s convictions, vacated his sentences and ordered a new trial on both original counts against him — second degree murder and discharging a firearm into a moving vehicle. A new trial date has not been set.
Comments
90 Responses to “State Appeals Court Tosses Jay Man’s Murder Conviction”
I apologize shot in the heart
He wasn’t defending anything they did no wrong until a supposed gun was shot and even then the boys were leaving. The boy who died did no wrong to the man and did not assault or give the impression of assaulting the man he was leaving and the Jay man shot the boy with a rifle with at least some aim because he hit the boy in the head. I believe this man to be guilty of murder, he had no right to shoot this boy just because he came to a “predominately white town.” I live in one and we have never killed or asked a man to leave just because of the color of his skin.
@David I’m gonna let you have the last word on that …..You see I do not pray very often but that is between The Lord and I and I know he understands me and why that is because he made me. I will pray that justice is served if not in the courts sooner or later maybe in prison.
@ Lawstudent you have drive and if you are gonna due law you seem to have a lot of heart I hope you never loose that and you always look at things the way you do. I also hope you can remember when others practicing law tell you never trust anyone never the ones you trust will destroy you, you will loose your fire. They will tell you not to trust because the ones that have been in the field know how hard it can be and have seen good people steped on ….always be true to yourself good luck and keep yourself safe it gets ruff.
@ ohreally. YOU DO NOT KNOW HER and don’t act you know what happened between her and Floyd.
I’am so Glad to here the news, Mr Floyd should have never spent one day in Jail, I Believe its called standing your Ground. Congrat’s to his family.
Kandice,
Yes, we thought about how being with certain people or in certain situations could get our children killed. Accordingly, we advised our children to avoid such people and situations. Those who listened lived.
David for caring parents
@lawstudent1….corrections, no evidence was presented at the trial because the information was not allowed to be presented.Gerald’s criminal record could not be used due to the fact that he was not on trial and they was given immunity. No where did Gerald state he feared for his life. Justin is the one who stated he feared for his life due to what would happen to him from the others in the car.
@If what you are saying is true…why does it matter that the other two were on probation. Because it shows they had no regard for the law. It has to do with their character not the murder. It shows intent to commit a crime regardless. You are correct, it is about someone getting killed because they were standing their ground to protect their property and friends. Again being on probation shows a pattern to crime and that he/they had no regards to the anyone else, but themselves.
@lawstudent1…correction, Mr. Floyd was NOT the aggressor, it was Mr. Cassady.
If what you are saying is true— who cares if 2 of the individuals were on probation… That’s not what this is about… This is about someone killing someone (whether intentionally or not) that was leaving…. If someone was already on probation apparently they already had went to court at another time… WHO CARES!!!!??? This is a separate situation… A situation that never should of happened…. BOTTOM LINE!
lawstudent1 said it best….
People talk about standing their ground do people ever stop and think about what if your child rides to some of their friends house with some friends and when they get there and something
goes wrong and while your child or loved one are leaving trying to escape some one kills them while they are in the car leaving. The first thing you would say is they was leaving cause really when you open your mind you know that’s right. And next time someone gets lost and drives on your property to turn around are they gonna get shot cause someone says they are scared or asked them to leave who is to say different if the victim is dead. This could happen to anyone and nothing also if this is true why do we still have people in jail for the same thing.
Jay/Barrydale:
Correction to your post: Nowhere in the trial was there testimony or evidence that said the black male with the gun or any of the other persons in the car had a criminal record. It’s not in the court record.
The evidence presented in trial was that the black male with the revolver (who was NOT the victim shot by Floyd) had a legal permit and right to carry it on his person that night.
The fact that the three lied about having the revolver for over a year is true. The black male with the revolver testified in court that he was scared that being the only black male at the party (besides his dead friend) that the whole thing would get turned around on him.
May Mr. Floyd receive a fair trial and justice be served.
I await the verdict of the jury.
To ohreally: It’s not my place to take a side. I only want to report to the readers what the testimony and facts of the case were. Based on the testimony, “the girl” said she wanted to be respectful of Mr. Floyd (who she considers a friend) since it was his property and ask if he was okay for the black males to be there as soon as they arrived. Based on the evidence, there were people at this party who did not want black people there and they had a big problem with it but that was not Mr. Floyd initially. The two black males had been to other parties in Jay and never had an issue like this arise. Apparently, they had not run into this particular element present at Floyd’s party that night. I do not know “the girl”. I’m only going by the testimony in the case. Floyd also testified that he gave the girl a hug when she arrived and that she asked him if it was okay for the two black males to be there and that he told her it was fine.
Let’s not forget in the trial many learned that one if not two of the individuals in the car that night was on probation in AL. Not to mention had a record and carrying a revolver. Which means NO bullets would be found on scene and they had no right crossing state lines. If anyone in the vehicle that night didn’t intend to make trouble; can someone explain why the revolver was disreguarded? Why wasn’t the revolver turned in when the deputies got to the hospital if they were only protecting themselves? Why did it take almost a year for any of the individuals to admit the truth? Only when they were offered diplomatic immunity {a form of legal immunity that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution} did any of the “3″ come forward. Maybe because they knew without their testimony there was NO case to be tried? Something for everyone to take in consideration, not including taking time to review the court documents from trial, the appeal brief, and the appeal’s hearing before jumping the gun.
I STAND MY GROUND in supporting Robbie and the family.
Drunks will be drunks.
Those who drink sometimes make more bad decisions.
Best to avoid such situations lest you regret events later but too late.
A dead man can’t talk nor explain to a juror or judge ” ask Travon Martin “. Do you feel me. George Zimmerman freedom is showing how good of a guy he is. To Mr. Floyd.
My comment is in to lawstudent’s post. you said the “girl” said she asked if it was okay for them to be there and she said Robbie was cool with it…..What would you expect her to say??? Do you think she was going to say, “we were not welcome but we went anyway”? She was trying to cover her own behind!! She is as much to blame as anybody. Why did her boys fire their gun if they were leaving?? Her and the one that fired the gun from the car should be in jail too, if Robbie is guilty they are also. She could have prevented this whole situation but turmoil and drama is her game. I know her.
God has the final say! Man can control his actions. But man can not control Gods actions! Either way there are still gonna be broken hearts. Instead of bashing either side just remember one man lost his life. And one man has to live with it for the rest of his life. No one is winning. Some may say if he gets out then he wins. No i disagree. The guilt in someones heart can be punishment day in and day out. My heart goes out to both families. May God pour out his love on both sides. He hears your cries and he knows your hearts. May both families stand in Faith and his word.
@ New York. And she didn’t do anything wrong. She asked if it was okay if they were there and Floyd didn’t have a problem with it.
@ New York. You obviously do not know “the girl” that well and I understand that you have your own opinion but you don’t know what her and Floyd talked about that night. Just like lawstudent11 said.
If Robert asked the people to leave the property and they did not…….. The logical and best thing he could have done was dialed 911 instead of taking matters into his own hands!!! If u have time to run get ur gun and return….. U had time dial 911. The uninvited young man had a gun permitt……. However though uninvited….. Robert gave them the ok to be there and turned on them due to his friends not wanting them there!!!!!! Robert is right where he belong….. PRISION!!!!!!!!!!!!!!
He should told them to leave or I am calling the law he did not have to shoot.
This is just a case of the good ole boy attitude. Floyd went after his gun to try and impress his peers. Just so happened he has a problem with blacks so whether he shot first or last, he murdered someone that was leaving. All of this about God having his plan, well it seems he had a plan, and that was for Floyd to spend 30 years in prison. I’ve seen all of this about how he was a man of God, well if that was true, he wouldn’t be where he is now. He shot and killed someone, black or white, it shouldn’t matter. Trying to impress your peers will always get you in to trouble, one way or another.
Defense probably gave the conflicting instructions on purpose.
@ lawstudent1 I am glad you posted this I am raising a teenage young black male I am white and he seems to think I have issues because I panic when he leaves with his white friends to go to their house. Maybe this will make him aware that things like this still happen.
He’s going to get convicted again, but this time on a lesser charge. Look at what lawstudent1 posted.
Gus and the rest did not go there looking for trouble. They got scared after they were threatened, and flashed a gun to try to get out of a hostile situation.
Robbie ran to get his gun and fired multiple times into a fleeing vehicle. It’s simple, he may have not meant to do it, but he discharged a firearm and a man is dead. He’s guilty of that.
I’m not surprised that a jury in Santa Rosa County would be given the wrong instructions on the law, after all, we have 3 prisona to fill.
The Word says, “Be still and know that I am God!” Continue in your faith Robbie! God will prevail! We love you!
This is a bad thing that has happened true, but hopefully at least people may learn that if you want to go out looking for trouble, stay in your home town and do not go out of state seeking it as you may just find more than you bargained for.
Moreover I live behind a chain linked fence and keep the gates chained and locked. When I entertain friends there is little chance of uninvited trouble passing through. I would encourage others to do this as well.
An ounce of prevention is worth an army of attorneys.
They were leaving …and he was shooting hope he never let out to be on the streets .
I’m shooting at anyone that it is shooting at me. The guy was just a punk that waited until he got into his vehicle before he fired his weapon. So, whether he was driving off or not, he was still putting this man & everyone else there’s lives in danger. They will let this man off, because he did nothing wrong.
Never shoot a man in the back, especially 100 yards away….. It makes it hard to convince a Judge and Jury you were in grave danger.
Ok! So let one of yall come to my house uninvited, and I tell you to leave and you do leave…but I start shooting into your car bye the time you make it to the stop sign. Am I justified if you die? Ok then, quit being racist! Its ugly and it stinks!
This is very tragic…… It truly is, but someone’s life was lost and justice will continue to be served. I don’t feel sorry for Mr. Floyd, because they were leaving. No- I was not there, but it is a know fact that the car was 100 yards away when it was shot at…. So, whether or not, you all feel that he should get out, or whether or not I feel he should remain in jail— God will have the FINAL say– not you, not me, and definitely not a “stand your ground law”…. So, I’ll continue to pray for the Benjamin family and pray that people just open their eyes– that just because it is someone you know, and that they appear to be a good person, doesn’t mean that they can’t do wrong. Wrong is wrong, and I hope he serve the remaining part of his sentence.
So many people are gonna get a second chance because of this case that man in pensacola that shot the people in his yard last year almost same thing. With that being said this is gonna open a lot of new cases around florida.
They went there with a gun looking for trouble,….I guess they found it!
Many saying this was Stand Your Ground, may not understand the law. The Law gives you the right to Stand Your Ground (not retreat from any location where you can legally be) and meet force with force. If you feel your life is threatened, then you may meet that force with Deadly Force. Now…where it becomes questionable from what was published on this incident… If one of the person’s is retreating, then the other involved person must cease their response. You are not, under the law, allowed to attack a retreating person. Where this becomes questionable, is when was the supposed gun fired in the vehicle in time to when the .243 Rifle was fired back. Was the vehicle still in a location where someone could have been injured by handgun fire? If one party had to retrieve a rifle from his vehicle, and then fire, the time frame could come into question. If you are fired upon, but uninjured, and that person then retreats, unless you fire immediately…then you no longer have the option…under Stand Your Ground…to continue your response. I do not know the time frame between the vehicle leaving, the supposed handgun being fired, and the .243 Rifle being fired…and that is what would determine the right of Stand Your Ground. That said…I do not know anyone involved, so I have no dog in this hunt. But Stand Your Ground is not as simple as he shot, so I shot and it all goes away.
Justice Served, enough said.
Stand your ground folks, it’s really simple! You come to my property, I say leave. You don’t, I shoot. You shoot, I empty my magazine on you. See how simple it is?! Keep your instagating , troublemaking, need-a-life buttocks off my property, everything will be alright! Robby has been railroaded, plain & simple. It’s time we stand up instead of laying down for this crap people!!!
How is this not double jeopardy? He was charged and convicted, but now they are going to toss it out and make him have the same charges and jury trial all over again? I hope he gets a good lawyer because this seems like complete nonsense.
I know first hand what it’s like to have a family member sitting in prison without all of the evidence being presented or all the facts being pointed out I have a brother sitting in prison and they can’t even prove that he did anything but he’s an innocent man Mr.Floyd you did no wrong at all what so ever they were on your property you were doing what we were taught to do in the south which is protect our own family and friends blood related or not friends are family that’s all you were doing so I’ll tel you like I tell my brother you keep your head up and keep it held high too because your not in the wrong
I did attend the trail all 9 days, from jury selection to verdict, and have reviewed the transcript half a dozen times after the fact so I know the facts of this case VERY well.
1. “The girl” as many of you refer to on this message post asked Floyd if it was alright for the two black males to be at the party upon arrival since it was his property. Floyd told her that it was cool. He gave his blessing for them to be there.
2. The two black males Gus and Gerald did nothing wrong. They were just looking to have a good time like anyone else who goes to a party. It was Floyd’s racist friends who saw the two black males, surrounded them, and started screaming a threatening countdown at them. The two black males were stunned as they had nobody to help them out of this situation except for “the girl” who has been demonized on these posts. Out of the 50 people at the party she was the only person to try and stand up against this ugly hate and racism present that night.
3. Robert Floyd was the initial agressor. He overheard this commotion between the two black males and his friends and upon arrival took his friend’s side immediately and shoved one of the black males in the chest screaming “come on let’s do it.” He claimed they were plotting something sinister.
4. The black male with the pistol only showed that he had it after Robert physically assaulted him. He did not point it at Floyd or anyone else and he had a legal permit to carry it. He let them know he had it for a couple seconds before putting it away so his group could leave without getting beaten.
5. After sprinting 110 yards back to his truck to retrieve his high powered rifle Floyd then ran 110 yards back to get into a firing position as the car with the two black males and two white persons drove away from the property. He did not stand his ground but rather sprinted after the black males who were trying to leave.
6. The majority of the witnesses in the case said that Floyd fired at the vehicle first including some of Floyd’s good friends while several screamed at him “stop” and “dont’ do it.”
7. It wasn’t until after Floyd fired at the vehicle, that the black male driving fired back in the air to try and stop him from firing at them. Floyd unloaded his rifle aiming between the tail lights. This shot went into unarmed Gus Benjamin sitting in the back seat of the car, lodging in his heart and eventually killing him.
8. The Dr. who did the autopsy said that the only slim chance for Gus to have lived would have been if Floyd had shot him in the hospital emergency room and they had a heart on hand for transplant that was a match as well as a world class heart surgeon. Very unlikely at Jay Hospital or Brewton hospital.
leaving, feeing, running away, whatever you want to call it, if you fire a shot at some one, in the air, at the ground, i don’t care…thats a threat. anyone i know would have returned fire. the ones in the car who survived should be thankful. it was almost the end of hunting season, and i’m sure there were a lot more firearms in the trucks that were there. thats the funny thing. i have been living in jay most all my life and going to partys in jay for 16 years now. everyone has firearms, and 8 months out of the year people carry them in their vehicals….and thats just long guns. And trust me i have seen and been apart of(not that i’m proud of it) plenty of fights. NOT ONCE, have i seen or heard of someone being stupid enough to pull out a firearm! why? because everyone in jay knows that it is not worth it, and thats a line you don’t across if you don’t want to end up shot yourself. these kids pulled a very stupid move and unfortunately one paid the ultimate price. he might have been unarmed, but his company he choosed to be with however was. its a horrible thing for everyone involved. Robbie was at his HOME, these kids(no matter if they were all white) knew they were going somewhere they had no business being. hell, i’ve seen blacks at plenty of partys in jay and not one problem. everyone as nice to them as can be….and, i have seen vehicals full of whites show up and told to turn around and leave. my dad always told me “if you have to carry a gun with you to go somewhere you don’t have to be, you don’t have any busy being there”.
@429SCJ Let me know if im wrong but if mr.floyd was black and he killed 1 of the kids of jay he would’ve received life just because of his race(no matter the situation). and most of yall that’s siding with robby would be the main people asking for justice. you wouldn’t say it was self-defense, you would say it was pre-meditated murder. but seems like you all think its ok if a black man get killed by a white man. you don’t see justice, you see color, and color is the reason why mr.floyd is getting out. don’t get me wrong I don’t think no man deserve life on there 1st offense, I think mr.floyd should do 8-10 yrs just because someone lost a life and he was responsible for it. all I can say is “IT AINT NO FUN WHEN THE RABBIT GOT THE GUN”
So if the person in the car shot shouldn’t they be charged in some kind of way? I did not know you could be shot leaving it seems that’s like being shot in the back.
Not to take sides..but for them to travel from Brewton to Jay carring a gun and
Showing up univited well sounds like they weren looking for a fight.Huh??
Its wrong to shot but lets see you shot at me and see the response you will get..plus
If it was a moving car they still were able to fire and run..I’m stating this
Because this young man has suffered for years behind bars plus
Reliving this over and over.I know none of these but I’m saying his term
Shouldn’t be max..let it happen to one of your family members and see
How you would look at this..I’m sadded this happened but its done..it was self
Defense and he was at his own home minding his own bussiness when the
Others showed up..I hope he can live his life and get this overturned and behind
Him..God Bless him, his family and friends and also the ones who came looking
For trouble s family..God Bless each of you..and know just because you
Hide in a moving car it gives you a option to get away…cowardness
Will getbyou and I hate that for them but if you want to dispute with anyone
Do it the old fashion way face to face
Robbie, is a amazing Christian man. I know he would not kill anybody on purpose. It was the people who were asked to leave several times, refused to leave and pulled the fire arm first who should be blammed for this. They cause it all. They shot FIRST not Robbie. They also, after they left robbies, went back to brewton. Dropped everyone off and changed clothes ans hid the gun before taking the kid to the hospital. if they would’ve just taken him to jay hospital he would still be alive. Robbie has spent his time in jail. It is his time to be out. To be back with his family and friends.
Floyd told the uninvited people to leave. They didn’t and one fired a gun. Floyd shot and killed a man. He defended his home gound and his invited friends.
@Unbiased Curiosity….The remaining “3″ admitted in open court they had a gun during the trial. Mr. Smith admitted that he feared for his life is why he never spoke up until then. The court records are PUBLIC and so is Mr. Floyd’s appeal hearing and decision. Unless you or anyone else were at the trial for the whole “9″ days, & the appeal hearing, don’t be so quick to jump to conclusions. Maybe take the time to research the FACTS with an open mind to the laws in our state.
I have always and will continue to STAND MY GROUND supporting Robbie and the family.
this night was a tragic night for all involved…yes a young mans life was lost…and yes a young mans life has been being spent behind bars…if this was my land my family my friends I would not do anything different than Mr Floyd…Nor would the family that lost this night….they went there looking for trouble and guess what they found it…black white purple or green we all bleed red and we all do wrong…it is unfortunate that a life was lost this night….but when the first shot was fired by the occupants of the vehicle did they shoot in the air?? what about the lives that they themselves put in jeopardy and how can a man be blamed for protecting his own?? come to grips that a mistake was made by ALL INVOLVED not just one man that has also lost years of his life behind bars for doing what anyone else would do and that is PROTECT HIS OWN!!!! A TRUE friend would have taken the injured party to the local hospital and not one that is 15 to 20 miles away!! A TRUE friend would have NOT let this happen…when asked to leave they should have just left and let it go…why would you go to a party knowing that there is only 4 of you and not knowing how many could be at this party…why would you do that?? INSANITY if you ask me…they knew what they were doing…just didn’t expect this type of outcome…and a young man is now dead behind this and a young man is locked up!! and the guilty party is probably not even thinking about their friend anymore….and a man is now thinking of him all the time wishing that this wouldn’t have happened to take him away from his own life his own family and his own friends…where is the support and where is justice at in this?? How can justice ever be done in any of this anyway…cause like it or not justice will not recover this mans life that was lost and justice will not give Mr Floyds life back that he may have once had!! this will haunt him all that days of his life I am sure!! Folks should think of his loss as well!!
GOD IS NOT DONE YOU TOOK AWAY A GOOD PERSON FOR WHAT JUSTICE WILL PREVAIL GOD KNOWS. IF THE CAR WAS LEAVING THE SCENE HOW IN THE WORLD CAN YOU SAY THAT HE FELT THREATENED COME ON NOW READ IN BETWEEN THE LINES YOU FIRED AT A MOVING VEHICLE
Wow. I’m completely speechless and for all you people that are siding with Mr. Floyd you either weren’t there or have no care for human life.
@F America, the fact remains that the four travelled to Jay of their own accord, armed and without invitation from Mr Floyd, who had no idea that they were coming.
What was their purpose in driving all that distance, to a place where their presence was not expected, requested or desired.? What did they intend to accomplish, what was their mission?
@ okay.. I do have my facts straight. Irs my OPINION she is just as guilty as anyone else. Maybe you do not have all the facts. This girl is known in this town for her unbelievably way to always start drama. Again my OPINION on this ,and her if it were my son she would be in just as much trouble. It was unnecessary for her to do what she did.
And to all the people who don’t know the doctors s aid it wouldn’t have mattered if a hospital had been 2 minutes away it wouldn’t have changed anything and two it was a race thing cause it was 2 black males 1 white male 1 white female that got out the car nothing was said to either one of the white people
It’s hard to believe this happened almost 4 years ago, seems I read this story just yesterday. As for the other 3 culprits in the car – I doubt they loose a minute’s sleep over their friend’s death. Probably busy stirring up trouble somewhere else. Why anyone would insist to remain on somebody else’s property after being told they are not welcome is beyond me.
I may be thinking of a different case, but wasn’t the big problem with this case that police couldn’t find evidence of the alledged shot from within the car?
Well welcome to America. This was not an act self-defense. They have turned this story around, Floyd was the only man with a gun, when it was known Floyd had a gun, the 4 teens immediately tried to leave. this story forgot to mentioned the fact that he was drunk, or the fact that they(4 teens) were leaving the scene and he still decided to shoot at the vehicle, taking the chance of killing anyone in the car. What if that was your son/daughter in that car. Do you still feel like he should get out, without serving any time.
First of all I feel for the Benjamin family’s loss, this should never have happened. I personally see no wrong with Robby shooting back. The teens were asked to leave. They were the one’s that shot the first shot. Robby had a yard full of people at his house that he felt he was trying to protect. I don’t care if they were leaving, they started shooting first and could have easily killed someone in the yard. If Robby hadn’t shot back the intruders may have kept shooting. This is a case of self defense, any of you would have probably done the same thing to protect yourself and the people around you if you were put in that situation. Do you honestly think you would just stand there if someone shot at you. I do not know Robby but I do know some kids that were at the party and they feared for their life! This boy should never been arrested in the first place.
Well said Alarmed and Armed!
I was in the courtroom (on Robbie’s side of it) for MOST of the trial, and was there when the jury came back with the guilty verdict. My boys have known Robbie and his family for years, as have I. He is a good kid! I would have shot, too, if I were in his place! Even friends of mine who are deputies were stunned that a guilty verdict was found! What about the kids who showed up and showed off???? Why didn’t they have charges pressed on them??? The NAACP got involved and negated that this was a hate crime! THE NAACP, PEOPLE!!!! He has been in jail long enough and he deserves to go home!!!! If the kid’s friends had taken him to JAY hospital (maybe 10 minutes away, if that), he may still be alive! What were they afraid of? Trying to get rid of the gun they had???? PROBABLY!
this is crap. conflicting instructions? what the crap?! They were also leaving the scene so obviously they weren’t too aggressive. right is right and wrong is wrong, this is dead wrong. how can this possibly be stand your ground law if they were leaving to avoid further confrontation? State needs to re-evaluate this law and case.
What? The person who fired the shots from the vehicle at Mr Floyd should be held criminally liable for Benjamin’s death. It was HIS (or her) action that prompted Mr. Floyd to defend himself. During that defense, Benjamin was struck by a bullet merely fired in defense.
Where are the charges against the person who fired the shots at Floyd? Is one of the charges manslaughter or criminal negligence?
The man firing from the vehicle has a reasonable expectation that if he shoots at someone they will return fire, especially if they are in the wrong. The man firing from the vehicle is ultimately responsible for Benjamin’s death. Where are the charges against him, why isn’t he in jail?
This is an outrage. What’s that mans name who fired the weapon?
1- This trial should have never been held in Santa Rosa County to begin with. Its impossible to find a juror without a preconceived notion aboit the Town of Jay.
2- Stand your ground was taken off the table by the judge for the majority of the trial and only reinstated in the last day or two.
3- The way the prosecutor conducted himself was completely out of line in terms of how lawers are to conduct their actions in the courtroom. This guy was given free reign to harass witnesses and say anything he wanted. A complete loss to the respect of the justice system.
4- The media drove this verdict. They saw a way to divide and conquer viewers. Pathetic.
It’s unfortunate the happenings of that night. But common sense should tell you that everyone should get a fair trial.
I’ve been praying for Robby this whole time bless his heart he didn’t deserve any of this, he was always so kind… Would give the shirt off his back to anyone in need I don’t understand this, when he was trying to not only protect himself but everyone there. I’m sorry for the family to the one who lost his life but I’m pulling for Robby!!! GOD Bless you all!!!
From the beginning I’ve had a problem with this entire incidence. Yes these individuals came onto Mr. Floyd’s property. Yes they were asked to leave. Yes they refused and a scuffle ensued. Yes one of the visitors pulled a firearm, which incidentally it turned out to be legally owned..
Now comes my problem with this whole thing. The visiting individuals were leaving and pulling away in the vehicle. The investigators found that they were almost 100 yds away at the time of the shooting. How can you prove stand your ground if the person is fleeing the scene. I know you are going to say that he fired his weapon from the car. But remember the one who fired the gun was the driver not the person that was killed. He was riding in the backseat unarmed.
It will be interesting to see how this turns out. I do hope the best for Mr. Floyd and hope that he has learned a valuable lesson from this.
This case was not and will not be huge in the media. Guess why? The other person had a weapon and fired first. Stand you ground says that you do not have to retreat. There were others at this party who were in danger. Mr. Floyd was fully justified and honestly would have he been found guilty if race was not made the major issue?
As I understand the facts and the law it seems to me that Mr. Floyd should be released. I do believe there needs to be another trial due to the failure of the court to explain the stand your ground law properly to the jurors.
I do not believe Mr. Floyd is guilty he was defending himself after being assaulted and shot at. Someone needs to explain to the prosecutor that the law is there so citizens can stand there ground without fear of prosecution. Seems like the system failed because of the prosecutor!
I am so glad to hear this news. Mr. Floyd should have never been placed in jail he was only doing what anyone else would have done. There was a bonfire taking place at his home and he was defending his self along with others. I hate the fact that someone lost there life. Myself and my family will stand behind Floyd and his family. Our heart goes out to all family involved.
Why was EMS not activated by Mr Benjamin’s companions?
He could have been air evaced to a surgical trauma center as opposed to being drive the distance from Jay to Brewton hospital.
The only reason Robby is in jail right now is because he is a white man that was living in jay and it happened to be a black man that died. That’s all anyone focused on when this first happened. Race. Because people have a view of jay that everyone there is racist. No one bothered to look at the fact that the other 3 people in the vehical were white and any one of them could have been the one to get shot, it just happened to be the black man. They should have left when told to, they shouldn’t have pulled a gun first. And they shoul have taken the by to the jay hospital instead of going all the way to Brenton and maybe he wouldn’t have died on the drive there. Thank God that Robby is getting a second chance and I will be praying they the outcome is the right one this time. Robby is a great, Godly man that deserves to live his life.
I recall this. The prosecution tried to make it a hate crime because of the race elements involved but it was apparently a love triangle, a threatening confrontation and unfortunate escalation to the point of brandishing weapons and shots were eventually fired. No way could this be construed as a murder. I recall after this hearing a man in Pensacola (at a town hall meeting no less) deriding Jay for its racist past and making accusations of racist hate in this death . The Race Industrial Complex thrives on these kinds of things. I hope the re-trial shows the series of threatening and abrasive moves made by the “invasive” teens and clears the young man of murder.
Why isn’t the guys with the one shot not facing charges if they went there and started an altercation they should be reliable for his death not Floyd
Look, every body knows this was race related. The boy may be not be the best oerson in the world, but you have a god given right to shoot back. The only reason this went to trial is because blacke were in the car that he shot back into . PLAIN AND SIMPLE>
Matt what is classified in your book to be a hoodlum that was somebody child that was shot and killed.
I think Robbie has served his time and does not need to stay in jail any longer . But as for you, New York, you might want to get your facts straight before you blame the girl who lead them there.
I just wanna know WHY he wasn’t taken to Jay hospital, stablized & sent to Pensacola….MAYBE he would have survived….Those “friends” of his that night, should be held liable also…We’re pulling for you Floyd family!
This is just a legal way for him to get off with doing the crime. I doubt that the jury was instructed wrong, This is the state of Florida, and another G. Zimmerman kangaroo court case. Probably hoping that know one will pay attention, thus, he will get out and it will all go away. I hope that the family of the unarmed teen is in court every minute during the new trial.
No, not double jeopardy, just a retrial. I hope the jury gets it right this time. 4 hoodlums come on your property, refuse to leave and brandish a gun and shoot. If that happened on my property around my family, more than one of them would have went to the hospital that night.
I don’t know this guy but I remember reading about this when it happened. I don’t see how this man can possibly be in jail. He stood his ground and personally I don’t know many people including myself that wouldn’t. (If someone is causing a scene on my property. 1) pulls a gun on me 2) shoots at me from a car of theirs on my property. I would shoot back aswell. It’s unfortunate a family lost a member however he took that risk when he went on someone else’s property starting drama. Either way I hope justice is served- (I think Floyd deserves to go home- he stood his ground) it goges back to the saying I’d rather be judged by 12 than carried by 6.
Ash it is not double jeopardy to get a retrial. Double jeopardy would be if he was found not guilty and tried again on the same charges.
I ao so happy for the Floyd family. Everyone involved knew what happened that night especially the female that lead those boys there. A lot of people share a lot of guilt in this not just the one serving time. With all that being said it doesnt change what happened. No one knows this more than these young mens families. Im sure if there was a go back button so many things would have been done so different that night. But theres not one so consequently someone or everyone is at fault. I pray for all involved and that the truth finally be told. As for the girl that instigated all this I hope she sleeps well at night.
This is great news. From the facts stated alone above he should have NEVER been convicted, and should not be tried again. If you enter on private property, asked to leave and refuse its no different than entering someone’s home and doing the same. Most if were truthful would have in some degree acted in the same manner. I pray this young man is released and found innocent.
I wonder who gave the jury the conflicting instructions in the first trial?
The intruders stayed after being requested to leave and then became violent, drawing firearms on Mr Floyd..
I wonder who the prosecutor was that brought this case to trial in the first place and why is there a retrial scheduled? I would think that a dismissal of charges would clearly be in order.
Mr Floyd survived his assailants, I pray that he is able to overcome this travesty and return to his home.
This man was at his home, defending himself after aggressors, who refused to leave after being instructed to, opened fire on him.
I feel sorry for the Benjamin family’s loss, but here we operate under Florida Law.
What good is the stand your ground law if they don’t enforce it? People should have the right to defend themselves.
If they reversed it, how can they re-try him on the same counts? Wouldn’t that be double jeopardy?
I don’t see this changing the fact a man is dead. Floyd will be back to serve his deserved sentence.
I pray for the family of Gus, the unarmed young man who was shot in the back by Robbie Floyd with a high powered rifle.
Great news. A man has a right to defend his home and property.
Glad they are giving him a second chance hopefully this trial will go better for Robby!